Area Opinions

U.S. anti-lying statute goes much too far

U.S. Supreme Court justices have a chance to stand strongly behind a fundamental right by striking down a federal law that seeks to punish people for, of all things, lying about their past.

Justices heard arguments Thursday about the constitutionality of lying. There’s a vital principle at stake. It deals with whether individuals should face government-induced punishment simply because they can’t tell the truth. Or is their lying protected by the First Amendment clause that guarantees citizens the right of free speech?

Congress approved the Stolen Valor Act in 2005. The court is considering a case involving a man who lied publicly about having serving in the Marine Corps and — here’s the doozy — was awarded the Medal of Honor after being wounded in combat. Xavier Alvarez campaigned successfully for a spot on a California water district board and told a public hearing crowd about his so-called military service. It turned out to be a fabrication. He didn’t serve in the military.

Government can punish people for lying. Those who take an oath to tell the truth in court can be convicted of perjury. If they sign affidavits, they do so swearing the document contains truthful statements. Individuals cannot defame others by telling falsehoods; the recourse would be a civil judgment against them.

But lying about military service in a public forum? The individual who does such a thing would deserve the scorn he or she would receive in the court of public opinion, even if the fabrication does not produce tangible harm.

The Panhandle has history with this law. It involves David McClanahan, a Boys Ranch graduate who in 2007 pleaded guilty in federal court in Amarillo to lying about his service. He claimed to have received a chest full of medals; he said he had been nominated for the Medal of Honor. He boasted about battlefield exploits that never occurred.

Veterans groups were rightly outraged. That’s the issue being argued before the Supreme Court.

Liars should face scorn for dishonoring the valor of real battlefield heroes through their lies.